When discovery closes in your Utah divorce, child custody, or support case, that’s the official end of the evidence-gathering phase. You can’t send out new discovery requests, And you can’t hold back or “save” evidence to “ambush” the opposing party at trial (the only exceptions are for evidence that genuinely couldn’t have been discovered earlier and that you disclose immediately once it comes to light). Miss the discovery and disclosure windows, and you risk losing the right to use that evidence at trial.
Discovery: The Part of Your Case Where Facts Get Proven
In Utah family-law cases, “discovery” is the stage where each side gathers and exchanges evidence with the opposing party. Think of it as the fact-finding phase. You get to ask questions in writing (called interrogatories), request documents (requests for production of documents), ask the opposing party to admit or deny relevant factual allegations (requests for admission) take sworn testimony (depositions), and require the other side to identify his/her witnesses and evidence.
Discovery exists to make the process fair and transparent. It’s meant to prevent trial by ambush; nobody should walk into court blindsided by surprise evidence.
Utah’s Rules 26 and 26.1 of the Rules of Civil Procedure generally govern discovery in divorce, custody, and support cases. Every case has a discovery schedule that include fact the discovery commencement and cutoff dates. That cutoff date isn’t arbitrary; it’s the point when the court expects both parties to have finished gathering the evidence they need to prepare for trial.
When “Discovery Closes,” the Fact-Finding Window Shuts
Once discovery closes, the window for conducting any more discovery activities is over. You can’t make any new discovery requests—no more interrogatories, requests for documents, and requests for admission, no new subpoenas, no more depositions. Unless the court gives you explicit permission to reopen discovery (which can be done under certain circumstances, but is not easy to do), then once discovery closes the information-gathering and disclosing phase is done. The idea is that both sides now move on to preparing for trial with the information they already have.
Example: if discovery closes on April 1, you can’t decide on April 20 that you’d like to see your ex’s text messages from a year ago. You had your chance to ask for them during the discovery period.
You Also Can’t Suddenly Disclose New Evidence After the Deadline
Closing discovery doesn’t just stop you from sending new requests — it also locks in what evidence you can use at trial.
Under Rule 26, every party must make timely disclosures of the documents, witnesses, and other evidence they intend to rely on. If you discover or produce something new after discovery closes, it can’t be used unless you meet a very narrow exception.
That exception is this:
- The evidence did not exist or could not reasonably have been discovered before discovery closed, and
2. unless the failure is harmless or the party shows good cause for the failure.
(See Utah Rules of Civil Procedure (URCP) 26(d))
For example, suppose you learn two weeks before trial that your ex has started a new job. That’s new evidence. It didn’t exist earlier (it couldn’t), and thus you couldn’t have obtained it before discovery closed. If you disclose it right away and show why you couldn’t have disclosed it before discovery closed, odds are the court will allow you to use that evidence at trial.
Contrast that with “finding” a forgotten batch of bank statements the month before trial. That’s not new evidence — that’s late disclosure, and the court will likely exclude it, unless you meet requirements of URCP 26(d).
What Happens If You Ignore The Rules
If you try to sneak in new evidence or witnesses after the deadline, the opposing party can move to exclude it, and the court will be highly inclined to grant such a motion.
The judge can also impose sanctions under Rule 37—anything from ordering you to pay the other side’s attorney’s fees to barring your witnesses or striking portions of your pleadings.
Even if the evidence is technically relevant, it can still be thrown out simply because it wasn’t timely disclosed. Judges hate sandbagging. Discovery is about playing fair, and fairness means both sides know what’s coming before trial.
Why The Rules Protect You Too
“The ultimate inspiration is the deadline.” – Nolan Bushnell.
“Deadlines aren’t bad. They help you organize your time. They help you set priorities. They make you get going when you might not feel like it. ” — Harvey Mackay
It’s easy to think discovery deadlines only help the other side, but they protect you just as much.
- Level playing field: both parties know the rules and the evidence.
- Predictability: your lawyer can prepare solidly instead of scrambling to respond to surprise documents.
- Cost control: late discovery fights drive up attorney fees and delay resolution.
- Credibility: judges notice when you respect the process, and they remember it when deciding who to believe.
Discovery isn’t busywork; it’s structure. And structure is what keeps family cases from turning into chaos or a fixed bout.
What To Do If New Information Appears After Discovery Closes
Sometimes, genuinely new evidence surfaces after the cutoff—a new job comes to light, a hiding witness finally has the guts to come forward, a tax form gets issued late, or a third-party subpoena response arrives weeks behind schedule. If that happens, don’t sit on it. Tell your lawyer immediately. Your lawyer can file a motion asking the court for permission to supplement disclosures or briefly reopen discovery for good cause.
“Good cause” means more than “I forgot.” It means you exercised reasonable diligence and the evidence simply wasn’t available earlier. If the judge agrees, you may be allowed to use it. But the key is promptness. Delay kills credibility and admissibility.
How to Avoid Discovery Headaches
Remember that discovery is a process, not a last-minute scramble. A few habits can save you thousands of dollars and a lot of stress:
- Calendar your deadlines early. Discovery cutoffs aren’t flexible.
- Don’t procrastinate. Serving discovery too close to the deadline leaves no time for follow-up.
- Stay in touch with your lawyer. If you come across something new or important, share it immediately.
- Err on the side of disclosure. Holding evidence back rarely helps and often backfires.
From Discovery to Trial
When discovery closes, your case moves from fact-finding to trial preparation. The record is set; your toolbox is full. The evidence you disclosed on time is the evidence you’ll rely on in court.
The takeaway is simple: in Utah family-law cases, discovery deadlines are not soft suggestions; they’re real, enforceable cutoffs. If you’ve been thorough and transparent during discovery, you’ll walk into trial prepared and credible. If not, you’ll be fighting uphill with an empty record and a frustrated judge.
Utah Family Law, LC | divorceutah.com | 801-466-9277